POT CRUSADER WINS ABSOLUTE DISCHARGE

Moments before Tim Felger received his first criminal conviction Monday,
the Bradner resident and marijuana advocate jumped out of his chair and
loudly repeated "walk away" as judge R.J. Lemiski discussed the
circumstances on April 15, 2002 that led to Felger facing three criminal
charges.

Lemiski ruled Felger was guilty of resisting a peace officer, but dismissed
charges of causing a disturbance and assault.

However, in a nutshell, the absolute discharge means that Felger's single
conviction will not result in any sentence, and will be erased from his
record in one year provided he doesn't face further charges.

Crown counsel Jim Barbour had advocated probation with community work
service, and defence lawyer John Conroy asked for an absolute discharge, or
"at worst" a conditional discharge.

During Lemiski's decision, he noted that Felger, "in his own zeal," was the
"master of his own fate.

"He is a person, by his own choice . . . who prefers to live on the edge
when it comes to authority," said Lemiski, who conceded Felger probably
"got more than he deserved" on April 15, 2002.

On that day, Felger was handing out leaflets promoting an upcoming
marijuana legalization rally while passing the time prior to his court
appearance for marijuana cultivation.

Deputy sheriff John Silvester had just left his office when he slipped on
one of the leaflets, prompting him to approach Felger because he was
concerned about the safety of patrons.

Felger responded "no" when asked if the papers were his, and the situation
escalated, with sheriffs wanting to evict Felger. He refused to leave.

Felger, during court testimony, said he resisted the ejection, saying it
wasn't a lawful arrest.

On Monday, Barbour argued deputy sheriffs were within their right to evict
Felger, as the Sheriff's Act allows for that act when safety in the
courthouse is believed to be compromised or court proceedings are disturbed.

Lemiski disagreed that safety was an issue that day, but did find sheriffs
within their right to ask Felger to leave the courthouse.

Defence lawyer John Conroy argued Felger was within his charter right when
distributing the pamphlets.

"Deputy sheriff Silvester exceeded his authority . . . and interfered with
(Felger's) free speech," he said.

He also argued the lack of video surveillance evidence negatively affected
Felger's right to disclosure.

Lemiski drew the same "adverse inference" but said the lack of tape was a
"non-issue" because Felger's testimony conformed with other testimony.

Felger's conviction of resisting arrest in courthouse fracas to be erased